4. Procedures for the Adjudication of Alleged Misconduct
This section reviews the procedures which will be used for each type of alleged misconduct, as well as the procedures and protections which are generally applicable to all processes.
4.1. Generally Applicable Procedures
4.1.1. Administrative Process - The Code is an administrative rather than a judicial process and as such, legal concepts, definitions, limits, objections, processes, procedures, regulations, and standards, do not apply unless otherwise expressly noted in this Code or required by law. The adjudication of an alleged violation of the Code will be conducted without regard for concurrent legal proceedings or timelines. The Dean of Students may determine that a brief delay is appropriate if a law enforcement agency believes that moving forward will endanger a criminal investigation, or if there is a high probability that inculpatory or exculpatory information may be available within a reasonably short timeframe.
4.1.2. Deviations from Established Procedures - The procedures in the Code are designed to promote fairness and will be adhered to as faithfully as possible. If exceptional circumstances necessitate deviation from these procedures, such deviation shall not invalidate the outcome of the process unless the fundamental right to a fair hearing or another legal right has been denied.
4.1.3. Standard of Proof - The standard of proof necessary for a determination that a violation of any provision of this Code has occurred is a preponderance of the evidence. This means the information available to the hearing officer supports the finding that the violation is more likely to have occurred than not occurred. All hearings shall be conducted on the basis that the respondent is not in violation and the burden shall not be upon the respondent to show a lack of responsibility.
4.1.4. Enrollment During Adjudication - Except as noted in Article 3, the student’s enrollment status shall remain unchanged pending the completion of adjudication. Adjudication shall continue without regard to a student’s decision to withdraw from classes at any point between the alleged violation and completion of adjudication. All pending disciplinary matters for a respondent must be resolved prior to the awarding of any degree or certificate. The College will not unreasonably delay the resolution of outstanding disciplinary matters when a respondent has completed all requirements for the awarding of their degree or certification.
4.1.5. Freedom from Self-Incrimination - No participant in the Adjudicative process, including any complainant, respondent or witness will be required to present testimony that is self-incriminating. The option of a respondent to avail themselves of this provision will not be considered as an admission of responsibility. The College will proceed, without regard for a respondent’s choice to invoke this provision, to make a determination as to responsibility based upon the information available at the time of the hearing. A participant’s choice to omit information in relation to this provision will not be considered as grounds for appeal.
4.1.6. Amnesty Provisions– In order to ensure that all possible information is available to the hearing officer and participants in the hearing, the Dean of Students or designee, may at their discretion, choose not charge students with alleged violations based solely on information provided during any investigative process or adjudication. In cases alleging sexual misconduct, the complainant will not be charged for any violations which may have occurred in relation to the alleged misconduct related to the use of alcohol or controlled substances. This will also extend to other possible violations, unless such behaviors presented a clear danger to one or more members of the campus community or to the effective operations of the College.
126.96.36.199. Students may have, at their own expense and initiative, one advisor present at all meetings and official proceedings. A student may request that an advisor be appointed to them, if they choose. In cases of Sexual Harassment, an advisor will be appointed if the either party does not identify one.
188.8.131.52. An advisor may be present, but shall not speak for, or present the case for, the student or otherwise participate directly in the meeting or proceeding. In cases of Sexual Harassment, an advisor is required to cross-examine all parties and witnesses making statements during the hearing.
184.108.40.206. It is the student’s responsibility to make appropriate arrangements for the advisor to attend the hearing. A hearing will not be delayed or rescheduled based solely on the unavailability of an advisor.
220.127.116.11. The College will directly communicate with the student or organization. Where a student has an advisor, the College will include the advisor in all communications.
18.104.22.168. A student may dismiss or replace their advisor at any time prior to the start of the hearing. Once a hearing has begun, a student may choose to dismiss their advisor, and proceed without an advisor, but a new advisor may not be appointed during the hearing.
In cases of Sexual Harassment, an advisor for either party may only be dismissed during a hearing if the advisor refuses to perform their role of cross-examination, or if they refuse to ask permissible, relevant questions on behalf of the complainant or respondent which may reveal information likely to alter the outcome of the hearing. The party must request permission to dismiss their advisor from the hearing officer, who will review the request in light of all available information and make a determination, which will be stated on the record. The hearing officer will determine whether the advisor subject to a request for dismissal requires clarification of their role or if the hearing will be recessed to assign a new advisor. If an advisor is dismissed, a new advisor will be appointed and the hearing will be rescheduled after a period of time to allow the new advisor to confer with the complainant or respondent and to review all available information and evidence. The hearing officer shall determine whether it is appropriate to resume the hearing where it left off, or whether the hearing must be started anew to address the failure of the dismissed advisor to conduct cross-examination.
22.214.171.124. The College may request the attendance at a hearing of any witnesses who may have information regarding the alleged violations. The names of all requested witnesses will be included in the record of the adjudication.
126.96.36.199. A complainant or respondent may call witnesses to speak on their behalf. Parties must provide notice of their intent to bring witnesses prior to the day of the hearing. In cases of sexual harassment, a list of all witnesses requested to attend must be provided to the hearing officer at least 5 days prior to the date of the hearing.
188.8.131.52. A Witness, other than an expert witness, must have actual knowledge pertaining to the alleged violations.
184.108.40.206. Cross-examination of witnesses will occur following each witnesses statement. The witness will be questioned first by the party calling the witness, then by the opposing party (if applicable). All questions must be determined by the hearing officer to be relevant prior to being asked of the Witness. A reason for any question not allowed will be stated on the record. Questions which are repetitive, clearly irrelevant, in violation of relevant victim-shield laws, or which are presented in a manner which is derogatory, accusatory, or are otherwise uncivil may be disallowed. The hearing officer has sole discretion as to the permissibility of each question.
220.127.116.11. The failure or refusal of a witness to present information at a hearing, following a request by the complainant or respondent or the College, shall not be grounds for appeal or delay of the hearing.
4.1.9. If the alleged complainant in a case involving an alleged crime of violence, or any case addressed under the procedures described under Article 4.2., is deceased as a result of the alleged crime or violation, the next of kin shall be treated as the alleged complainant for all proceedings under this code.
4.2. Adjudication Procedures for Alleged Violations of Sexual Harassment
4.2.1. Upon receipt of a signed complaint by a complainant or by the Title IX Coordinator and receipt of a final investigative report into the details of the complaint, adjudication of alleged violations of Article 2.2. of this Code, inclusive of all sub-articles, shall occur in accordance with the following procedures. In the event that a complaint or investigative report is received which does not allege any violations of Article 2.1., the procedures set forth in Article 4.4. shall be used. In the event that a complaint or investigative report contains allegations both of violations addressed in Article 2.2. and violations addressed in Articles 2.3. through 2.10., the process below will be used to adjudicate all allegations. Alleged violations of Article 2.1. will be adjudicated using the procedures in Article 4.3. in a separate hearing.
18.104.22.168. When an incident of misconduct is alleged, the allegation will be reviewed by a hearing officer who will determine what, if any, provisions of this Code may have been violated. If the hearing officer determines that one or more provisions may have been violated, the complainant and respondent will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available.
22.214.171.124. This notice will refer the complainant and respondent to the section of the Code which addresses procedures applicable to the adjudication of allegations of misconduct involving sexual harassment and will notify the complainant and respondent of their ability to schedule a meeting with the hearing officer prior to the date and time of the hearing to review any evidence or information to be used during the hearing and ask questions regarding the hearing process.
126.96.36.199. The notice will also inform the complainant and respondent of the date, time, and location for a hearing to resolve the matter. This hearing will be scheduled at least 10 but no more than 30 days from the date of the notice and will be scheduled to avoid conflicting with any registered class, examination, or other academic commitment. Other conflicts may be accommodated at the discretion of the hearing officer.
188.8.131.52. At the request of the complainant or respondent, any party may participate in the hearing remotely, utilizing appropriate technology to ensure that all parties have full and equal ability to participate in all aspects of the hearing.
4.2.3. Hearing Procedures
184.108.40.206. All portions of the hearing shall be recorded. This recording will become part of the student’s record and will be provided to the complainant and respondent upon request.
220.127.116.11. Student conduct hearings are closed to the public. The only people present for all parts of the hearing are the hearing officer, complainant and respondent and their designated advisors. If a participant has a disability which may require an additional individual to be present, this accommodation must be determined by the Disability Services office prior to the day of the hearing.
18.104.22.168. At the discretion of the hearing officer, and with the consent of the students involved, in situations in which multiple students are alleged to have committed interrelated violations of this Code, the hearings for all involved students may be consolidated into a single hearing.
22.214.171.124. Any information, including the College investigative report, police reports, information discovered by the hearing officer or other investigators, academic records and any other information available to the hearing officer may be considered by the hearing officer in the course of determining responsibility and sanctioning. All information available to the hearing officer will be made available to the complainant and respondent, and their advisors, in compliance with all relevant laws and regulations.
126.96.36.199. During the hearing, both the complainant and respondent will have the opportunity to present any information they believe to be relevant to the alleged violations. The hearing officer may place a reasonable limit on the length of time allotted to the statements or may determine that a statement is not relevant to the alleged violations and ask the party to return to the topic at hand. In a case where statement time is limited or a statement is disallowed for reasons of relevance, the hearing officer will state the reason on the record. The decision of the hearing officer is final.
188.8.131.52. The services of an expert witness may be obtained by a complainant or respondent for a hearing involving sexual harassment. Information regarding the name and qualifications of any expert witness must be provided to the hearing officer at least 5 days prior to the date of the hearing. The hearing officer shall determine whether the expert witness is qualified to provide information relevant to the matter at hand prior to any other statements by the expert witness or any questioning by parties. This determination shall be communicated in writing and the decision is final.
184.108.40.206. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the complainant and respondent within 5 days of the date of the adjudication. The notification of outcome will notify the complainant and respondent of both the findings of the adjudication, the rational for this finding, any sanctions which have been imposed, the reason for their imposition, as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.
4.3. Adjudication of Alleged Academic Misconduct
When a faculty member believes there to be sufficient evidence that an academic integrity violation may have occurred, the following procedures will apply.
4.3.1. Reporting - All allegations of academic misconducted must be reported within 30 days of the discovery of an alleged violation. Instructors are encouraged to report all alleged misconduct, but in order to ensure due process, instructors are required to report misconduct which may result in the issuance of one or more sanctions.
4.3.2. Case Review - Reports of Academic Misconduct will be reviewed by the Academic Integrity Chair who will determine the proper action or forum for each allegation to be addressed. The Academic Integrity Chair may review material, perform a preliminary investigation, or take other steps to determine the proper action, at their discretion. This determination is not subject to appeal. Possible actions and forums include:
220.127.116.11. Insufficient Information to Proceed - If there does not appear to be credible information to indicate a violation occurred, the case will not be pursued through the formal academic conduct process.
18.104.22.168. Instructor Led Resolution - Cases of alleged academic misconduct which are best handled through effective classroom management, through classroom or program policy, and/or through class-based sanction shall first be addressed by the instructor.
22.214.171.124. Academic Misconduct Hearing – An academic misconduct hearing may be used in cases where: the alleged academic misconduct contains alleged violations of non-classroom based violations, the type or severity of the allegation warrant it, it is requested by the instructor, the respondent, or another interested party, or the alleged misconduct occurs outside the scope of a course or program.
126.96.36.199. Case Referred to the Dean of Students - Cases of academic misconduct will be routed to the Dean of Students if the nature of the violation is of an egregious nature as to suggest that suspension or expulsion may be necessary or where interim actions, including removal from a course, may be appropriate. The Dean of Students may refer the case to another form of resolution following review.
4.3.3. Case Resolution Types - Cases will be resolved in one of the following ways:
188.8.131.52. Case Not Pursued - If there does not appear to be credible information to indicate a violation occurred or was attempted, the case will not be pursued through the formal academic conduct process. The information may still be retained by the College to document that the situation was reviewed.
184.108.40.206. Informal Response - If the situation is concerning but doesn’t appear to be a violation there may still be an educationally based institutional response without formal conduct charges. A student who disagrees with this response may request a formal hearing.
220.127.116.11. Formal Response – An official proceeding to determine whether any violations have occurred.
18.104.22.168. When an allegation of academic misconduct has been alleged and reviewed, the student will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available. This notification will also refer students to the section of the Student Conduct Code which addresses procedures applicable to the adjudication of academic misconduct as well as process to be used in this case.
22.214.171.124. This notification of an alleged violation may also be sent to the relevant instructor, the instructor’s supervisor, the relevant Instructional Dean, and the Dean of Students, as appropriate.
4.3.5. Procedures for Instructor Led Hearings
126.96.36.199. Upon receiving the notification from the instructor, the student is given the opportunity to present any information or evidence which may assist the instructor in reviewing the case and/or mitigate the sanctions being imposed. This meeting will occur at a time which is mutually agreeable to both parties, not to exceed 10 days. If a student chooses not to participate, the meeting will occur without their input.
188.8.131.52. The instructor will also gather any other applicable information that would assist in rendering a decision on the case, and this information will be shared with the student prior to the date of the meeting, subject to applicable laws.
184.108.40.206. Following the meeting, the instructor will review all of the information available regarding the case and make a determination as to responsibility and, if appropriate, class-based sanctions. Class-based sanctions may include loss of points, grade reduction, retake of a test or examination, extra work, failure of an assignment, failure in the course, or a combination of these or other penalties as outlined in the course syllabus. Instructors may not assign sanctions that are outside of the scope of the class without approval from the Academic Integrity Chair.
220.127.116.11. Should the misconduct have potential program-based implications, the instructor will notify the program of the allegation, who may opt to hear the case in the place of, or in conjunction with, the instructor, utilizing the procedures for instructor led hearings
18.104.22.168. The instructor and program, if applicable, will also notify the Academic Integrity Committee of the decision and any sanctions within 5 days of notifying the student.
4.3.6. Procedures for Academic Misconduct Hearing
22.214.171.124. An academic misconduct hearing occurs when a member of the Academic Integrity Committee reviews the information related to a case, makes a finding of responsible or not responsible for each alleged violation, and issues sanction(s) for any findings of responsibility.
126.96.36.199. During the Academic Misconduct Hearing process, students will be able to ask questions about the student conduct process, review the complaint of misconduct, as well as any other relevant case information, such as the substance of information received from witnesses, respond to the information by providing their perspective on the incident and alleged behaviors, bring forth witnesses to the incident in question to be interviewed, accept or deny responsibility for the alleged violation(s), and provide any information related to sanctions (if applicable), including what they may have learned from the incident or any factors to be considered at sanctioning
188.8.131.52. A hearing is the responding student’s chance to review the case information, share any information they believe to be relevant, and question any witnesses or evidence they believe to be relevant. The respondent may bring an advisor, subject to the limitations in Article 4.1.6.
184.108.40.206. The respondent will have 5 days to respond to the notice and schedule a day and time for the hearing. Failure to do so will result in a hearing date being scheduled, providing at least 3 days’ notice and taking the student’s academic schedule into account. This hearing will occur, regardless of the respondent’s choice to attend.
220.127.116.11. Prior to the hearing, the hearing officer will collect information in preparation for the hearing. The hearing officer can gather information from the respondent, complainant, and any other individuals involved in the case, as appropriate.
18.104.22.168. The respondent has an option to request an information meeting with the hearing officer prior to the hearing. During the meeting, the student may review the information regarding the case and ask the hearing officer questions about the academic conduct process.
22.214.171.124. When possible, hearings will occur in person. The student may request the hearing happen virtually, and the request will be granted unless the hearing officer deems a virtual meeting to be inappropriate due to the nature or circumstances. The refusal to hear a case using virtual means may be appealed to the Dean of Students prior to the scheduled date of the hearing.
126.96.36.199. In general the only participants are the hearing officer and the respondent. Depending on the nature of the allegations, a complainant and their advisor may be present and any relevant witnesses, subject to the limitations in Article 4.1.7. Witnesses will only be present to share their information and answer questions, and will then be excused.
188.8.131.52. There are four sections of a hearing: a review of the conduct process, the presentation of case information (including any witnesses), the respondent’s statement, and final questions and closing remarks. Questions are welcomed at any point in the hearing process, though the hearing officer may place reasonable limits on the number, nature, or format.
184.108.40.206. Following the hearing, the hearing officer will review all of the information available regarding the case and make a determination as to responsibility and, if appropriate, sanctions. Any prior violations of the Code will only be reviewed in the context of sanctioning, after a student has been determined to be responsible.
220.127.116.11. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the respondent within 5 days of the date of the hearing. The notification of outcome will notify the respondent of both the findings of the hearing, the rational for this finding, any sanctions which have been imposed, the reason for their imposition, as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.
4.3.7. Enrollment During Adjudication – A student’s status in a course remains unchanged during the period of adjudication, though a student may choose to alter their status or it may be necessary for the College to take steps to ensure an effective learning environment.
18.104.22.168. Voluntary Removal – A student may choose to remove themselves from a class prior to or during adjudication. While this is not prohibited, it does not alter the process and the allegations will be addressed as listed above. In the case that a student is found responsible for an academic integrity violation, their enrollment in the course will be restored and the student will be prevented from withdrawing from the course.
22.214.171.124. Involuntary Removal – An instructor has the responsibility to maintain an environment conducive to learning the integrity and environment within the classroom. As such, an instructor may, when appropriate, remove a student from the classroom during class, and take steps to effect such a removal. If a situation warrants a students’ removal from the classroom for a period of time longer than the class session in which the disruption occurred, refer to Article 3, Interim Actions.
4.3.8. Regardless of the hearing format, an educational record will be maintained of all alleged violations and any relevant proceedings. Notice of the outcome of any proceeding may be sent to any parties with a need to know, including instructors, program heads, department chairs, instructional deans or other similar parties.
4.4. Adjudication of All Other Allegations of Misconduct
4.4.1. Adjudication of violations of this Code not addressed by procedures detailed in Article 4.2. or 4.3. shall be adjudicated in accordance with the following procedures.
126.96.36.199. When an incident of misconduct is alleged, the allegation will be reviewed by a hearing officer who will determine what, if any, provisions of this Code may have been violated. If the hearing officer determines that one or more provisions may have been violated, the student will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available.
188.8.131.52. This notification will refer students to the section of the Code which addresses procedures applicable to the adjudication of misconduct and will notify the student of their ability to schedule a meeting prior to the date and time of the hearing to review any evidence or information to be used during the hearing and ask questions regarding the hearing process.
184.108.40.206. The notice will also inform the student of the date, time, and location for a hearing to resolve the matter. This hearing will be scheduled at least 5 but no more than 10 days from the date of the notice and will be scheduled to avoid conflicting with any registered class, examination, or other academic commitment. Other conflicts may be accommodated at the discretion of the hearing officer.
220.127.116.11. At the request of the respondent student, organization, or complainant (where applicable), any party may participate in the hearing remotely, either through the use of written statements via email, or through other telephonic or technological means which are mutually agreeable to the requesting party and the hearing officer.
4.4.3. Hearing Procedures
18.104.22.168. All hearings, including statements by witnesses and the respondent student, shall be recorded. This recording will become part of the student’s conduct record and will be provided to the respondent upon request.
22.214.171.124. Student conduct hearings are closed to the public. The only people present for all parts of the hearing are the hearing officer, the respondent, the student’s advisor and, in cases where a complainant has been identified, the complainant and their advisor.
126.96.36.199. At the discretion of the hearing officer, and with the consent of the students involved, in situations in which multiple students are alleged to have committed interrelated violations of this Code, the hearings for all involved students may be consolidated into a single hearing.
188.8.131.52. Any information, including police reports, witness statements, statements made by respondents, information discovered by the hearing officer or other investigators, academic records and any other information deemed to be relevant to the situation may be considered by the hearing officer in the course of determining responsibility and sanctioning. All information considered by the hearing officer will be made available to the student, subject to legal restrictions.
184.108.40.206. During the hearing, both the respondent and the complainant, when identified, will have the opportunity to present any information they believe to be relevant to the alleged violations. The hearing officer may place a reasonable limit on the length of time allotted to the statements or may determine that a student’s statement is not relevant to the alleged violations. In a case where a student’s statement time is limited or a statement is disallowed for reasons of relevance, the rationale for this ruling will be communicated on the record.
220.127.116.11. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the respondent and any persons identified as a victim within 5 days of the date of the adjudication. The notification of outcome will notify the student of both the findings of the adjudication and any sanctions which have been imposed as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.
4.5. Adjudication of Alleged Organizational Misconduct
The procedures used shall be the same as those above. The President of the organization shall be the sole representative of the organization throughout the process.
4.6. Waiver of Certain Rights
Except in cases adjudicated under article 4.2. students may voluntarily waive one or more rights including, but not limited to, the right to call witnesses or the right to an advisor in order to take part in an expedited hearing process. The choice to waive or exercise any right granted under this Code shall not affect the outcome of the hearing or any sanctions.
4.7. Development of Procedures
The Dean of Students shall ensure that procedures and systems are in place to collect, document and address alleged violations of the Student Code of Conduct and is empowered to develop administrative procedures as needed to accomplish this, including the designation of hearing officers.